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Notus City Zoning Code

CHAPTER 2

- ZONING DEFINITIONS

9-2-1: - DEFINITIONS.

For the purpose of this title, the following terms shall have the meanings ascribed to them in this section:

Above ground level: A measurement of height from the natural grade of a site to the highest point of a structure.

Abut: Two adjoining parcels of property with a common property line.

Accessory buildings: Buildings: a) incidental to and customarily associated with a single-family residential dwelling; b) which match in construction materials and exterior appearance with the residential dwelling; and c) which include, but are not limited to: garages, storage buildings and separate sleeping accommodations that contain bedroom(s) and bathroom(s) but do not contain kitchen facilities.

Adjacent: Near, close or abutting.

Adjoin: See definition of abut.

Affected person: A person having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development.

Antenna: The surface from which wireless radio signals are sent and received by a WCF which may include one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals through electromagnetic energy, which may include omnidirectional antenna (whip), directional antenna panel and parabolic antenna (dish).

Building: A structure having a roof supported by columns or walls and maintained for the support, shelter or enclosure of persons, animals or property of any kind.

Building, area of: The sum in square feet of the areas occupied by all buildings and structures on a lot.

Building height: The vertical distance at the center of the building's front measured from the average elevation of the finished grade along the front of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof, except chimneys and steeples.

Building setback line: A line at the minimum distance as prescribed herein between any property line or recorded easement requiring setback and the outside wall of any building or structure related thereto.

Camouflaged: A wireless communication service facility that is disguised or hidden to blend in with the surrounding environment and not be readily noticeable to the public or private residences or uses in the area.

Collocation: The use of a single mount on the ground by more than one carrier and/or several mounts on an existing building or structure by more than one carrier. Each service on a collocation is a separate wireless communication service facility.

Conditional use permit: A permit which may be granted by the City to allow a proposed use which is otherwise prohibited by the terms of this title, but may be allowed with conditions upon proper application and proceedings as provided herein.

Driveway: A vehicular access to an off street parking or loading facility.

Family: An individual or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a single dwelling unit.

Fence: A structural device forming a vertical, physical barrier.

Home occupation: See definition in subsection 9-3-8.C. of this title.

Limited professional offices: Activities that include managerial, clerical, consultation and professional services typically performed by insurance and real estate offices; architects, engineers, lawyers and accounting offices; doctors, dentists and other healthcare practitioners.

Limited public facilities: Offices owned and operated by a public entity and which are expected to generate limited additional vehicular traffic that would not be a detrimental impact on the surrounding streets and neighborhood.

Lot: A parcel of land used or set aside and available for use as the site of one or more buildings, and any buildings, accessory thereto or for any other purpose in ownership and not divided by a street. A "lot", for the purpose of this title, will coincide with the lot of record.

Manufactured structure: A structure or building that is primarily preconstructed and brought to a site for placement or assemblage.

Modified facility: An existing structure that is modified to allow the structure to be used as a wireless communication facility.

Overlay zoning district: A district which establishes further and separate regulations and which shall overlay the underlying zoning district.

Private road: A road that provides vehicular access to three or more lots and/or parcels.

Public park: A park open to the public and providing open space and recreational opportunities. A "public park" includes a public or private golf course and necessary accessory buildings.

RF: A radiofrequency engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

RFR: Radiofrequency radiation are the emissions from the WCF.

Recreational vehicle: A travel trailer, truck, camper or camping trailer with or without motor power designed for human habitation for recreational or emergency occupancy. A living area less than 220 square feet, excluding built in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

Right-of-way: A portion of the property reserved for public use and accepted for such by the City Council to provide circulation and travel to abutting properties, including, but not limited to, streets, sidewalks, provisions for public utilities, cut and fill slopes and public open space.

Security barrier: A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

Single-family dwellings: Those where the principal use or occupancy of the building is for dwelling purposes and not more than 30 percent of the usable floor space of said dwelling shall be devoted to home occupation, other than actual residential purposes.

Story: A portion of the building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it.

Street: That portion of a right-of-way improved, maintained and intended for use by vehicles to provide traffic circulation, primary access to abutting properties and parking.

Transmission tower: A tower, including, but not limited to, a self-supporting lattice or monopole structure which elevates a wireless communication antenna and may include accessory transmission and receiving equipment.

Variance permit: A permit which may be granted by the City which modifies the requirements as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of building or other provisions of this title affecting the size or shape of a structure or the placement of the structure upon lots.

Wireless communication facility (WCF): An unstaffed facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals through electromagnetic energy. Facilities include siting areas, modified facilities transmission towers and antennas including cellular, personal communication services, enhanced specialized mobile radio, specialized mobile radio and paging services and used in the telecommunications act of 1996.

(2007 Code)